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Terms of Use for Private Clients
By and between:
-
Onohome, a French one-member simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 5,000, having its registered office at 1 Rue Beaujon and 14 Avenue de Friedland, 75008 Paris, registered with the Paris Commerce and Companies Registry under the number 888 576 659, represented by Mr Laurent Taieb, acting in his capacity as Chairman, duly authorised to execute this Agreement,
- Hereinafter the “Service Provider”,
Party of the first part,
And
- Hereinafter the “Service Provider”,
- Any user acting exclusively in the pursuit of his/her own activities, who peruses the www.onohome.com website (hereinafter the “Site”) and/or makes any purchase from Onohome (hereinafter the “User” or the “Client” or the “Buyer”).
It has been agreed as follows:
Recitals
Onohome is a French one-member simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 5,000, having its registered office at 1 Rue Beaujon and 14 Avenue de Friedland, 75008 Paris, registered with the Paris Commerce and Companies Registry under the number 888 576 659, engaged in the marketing of upscale furnishings and decoration items.
Onohome created a 3-D deliverable design tool intended for its Users.
Onohome supplies the deliverables online in 3-D form through the www.onohome.com website.
Article 1: Definitions
The capitalised terms and expressions below shall have the following meanings for the purposes of the interpretation and performance hereof:
"Order" means the order of Services by the Client from the Seller;
"Standard Terms of Use" means the standard terms of use set out herein;
"Agreement" means this instrument, including the recitals hereof and the appendices hereto, and any amendment, substitution, extension, or renewal hereto or hereof made pursuant to an understanding between the Parties;
"Deliverable" means any and all materials, contents, and items of information, including views, plans, pictures (whether animated or not), 3-D videos, and drawings created or delivered by Onohome at the Client’s request in connection with the Service;
"Price" means the unit value of the Service, inclusive of VAT, if applicable, which will be communicated to the User before the Order is placed;
"Services" means the services offered for sale on the Site;
"Site" means the www.onohome.com Online Sale website used by the Service Provider to market its Products and Services;
"Validation of the Order" has the meaning specified in Article 7;
"Online Service" means the marketing of the Service Provider’s Services through the Site;
Unless otherwise specified, any references to articles shall be deemed references to the Articles of this Agreement.
Any reference to the singular shall also be deemed a reference to the plural and conversely.
Any reference to a gender shall be deemed a reference to any other gender.
Article 2: Purpose
These Standard Terms of Use (hereinafter the “STUs”) (i) inform any User of the terms and conditions under which the Service Provider (hereinafter “Onohome” or the “Seller”) prepares the 3-D deliverables requested by Users; and (ii) set out the rights and obligations of the Parties in connection with the services supplied by Onohome to the Buyer. These Standard Terms of Use apply, without any restriction or reservation, to all services offered by Onohome on its Site accessible through the Internet at the following address: www.onohome.com
As a consequence, the fact of ordering any service offered on the Onohome website entails full and entire acceptance of these Standard Terms of Use, which the User acknowledges having reviewed prior to placing his or her Order.
Onohome reserves the right to amend these Standard Terms of Use at any time. However, the Standard Terms of Use applicable to the Order shall be the Standard Terms of Use accepted by the User upon placement of the Order.
Article 3: Scope
These Standard Terms of Use are reserved solely for Users (as defined by law and case law) acting exclusively on their own behalf and domiciled in Continental France.
Article 4: Coming into Effect – Term
These Standard Terms of Use shall be deemed accepted by the User upon validation of the order by double clicking and shall apply for the duration necessary for the supply of the Services until expiration of any warranty periods.
The offers of services posted on the Site and governed by these Standard Terms of Use shall be valid for all services so long as the Website shall remain online.
Article 5. Presentation of the services for the supply of 3-D Deliverables
Onohome.com intends to supply the following services:
- 3-D design and modelling of internal and external areas to allow for better 3-D viewing of the contemplated deliverables;
- Refurbishing, furnishing, and decorating of the said 3-D areas with materials selected by the User and available on the www.onohome.com website through the Service by means of a broad catalogue of furnishings and decoration items, with options for customisation and configuration of generic objects;
- Generating refurbished, furnished, and decorated 3-D deliverables.
For clarity, it is specified that such 3-D deliverables shall not be deemed technical plans or construction drawings, as those are prepared solely by engineering firms or architecture studios. These deliverables are not considered opinions issued by an engineering firm.
Furthermore, these deliverables are indications only; no material, fabric, or dimension can be reproduced perfectly in a deliverable.
All documents required by the Service Provider for completing the services must be supplied via email when placing the order. The User is informed that there will be no site visits or in-person meetings, as the services are provided remotely.
Article 6. Prices
The prices of online services on the Onohome website are listed in euro and are valid when placing the Order. Prices may be subject to change, but any change will be communicated to the User before placing an order. Prices are applicable in connection with distance sales.
The stated prices do not include VAT, which will be applied at the time of order and mentioned on the purchase order.
Changes in VAT rates will be reflected in the prices of products sold on the Site.
Article 7. Orders
7.1. Placement of Orders
The User can select 3-D Deliverable(s) by clicking “Add to the Basket”.
The User may then continue shopping or check the order status by clicking “See my Basket.”
At any time, the User may:
- Review ordered Services and Products;
- Modify or cancel the order;
- Continue selecting Services and/or Products;
- Validate the order by clicking “Confirm my Order.”
7.2. Order Validation
The User must review the ordered Services and acknowledge the terms of sale before proceeding. Confirmation requires ticking a box acknowledging these terms.
7.3. Client Identification
If the User does not have an account, they must fill in required fields and create one. Account data includes a valid email and a personal, confidential password for logging in.
The User is responsible for safeguarding account information. Onohome disclaims responsibility for any unauthorised use or access due to misappropriation. Data collected is confidential and required for processing and delivery.
Article 8. Payment
8.1 Payment
Each deliverable may be invoiced if applicable, with the price communicated prior to ordering.
Payment is due immediately upon order confirmation. Users may pay via credit card (CB, Visa, MasterCard, PayPal).
Payment is processed securely through platforms like SogeCommerce.
Users must save proof of payment if needed.
Per Article L. 132-2 of the Monetary and Financial Code, credit card payments are irrevocable. Users authorise charges upon placing an order.
If payment fails, the order is cancelled by law.
8.2 Storage Fees
Additional storage fees may apply.
Article 9. Protection
The www.onohome.com website uses SSL encryption for secure transactions.
Article 10. User Obligations
Users must provide necessary data for service delivery. Lead times start once all data is received.
Changes to the initial request may incur extra costs.
Article 11. Liability
Onohome aims to provide support but is only bound by a best-efforts obligation, not results. Deliverables are not technical plans.
Onohome is not liable for decisions made based on deliverables. Damage resulting from inaccurate data provided by the User or external factors is not Onohome's responsibility.
Liability is capped at amounts paid for services in the last 12 months.
Article 12. Intellectual Property
Onohome owns its brand and content, and Users grant usage rights for service delivery.
Reproduction of deliverables is limited to personal, non-commercial use unless otherwise authorised.
Article 13. Withdrawal Right
No withdrawal rights apply for custom services. Cancellation requests within 48 hours may be considered.
Article 14. Data Confidentiality
Data is confidential and never shared without consent. Users can access and rectify their information.
Article 15. Governing Law
This Agreement is governed by French law.
Article 16. Jurisdiction
Disputes are subject to the Paris Court of Appeal's jurisdiction.